Fall 2006
Committee:
SSCCC
Whereas, The Student Senate for California Community Colleges recognizes the importance for all local associated student organizations to be ensured their legal authority and rights are
maintained and enforced at the local college and district level;
Whereas, California Education Code §76375 states, “(d) The student government of a community college with an annual building and operating fee pursuant to this section shall
determine the appropriate uses of the fee income and the student body center facility itself”;
Whereas, The Legislative Council of California provided a legal opinion titled “Community Colleges: Student Body Center - #33110” dated January 26, 1994, which makes some of the
following conclusions regarding the local associated student organizations authority over the Student Center fee and facility itself:
1. “These funds may be expended by the chief fiscal officer only upon submission and approval of the appropriate claim schedule by the student government or its designee”,
2. “Section 7635 does not authorize any other entity or officer to determine the appropriate uses of the fee income or the student body center facility”,
3. “To construe subdivision (d) of Section 76375 in a manner to authorize a person or entity other than the student government to regulate the schedule of events and requests for use of a student body center would permit that person to make decisions regarding the frequency of use of the center that may ultimately affect the financial viability of the center. In our opinion that interpretation would effectively operate to deny the student government control over the expenditure of funds collected for the purpose of operating the center”,
4. “Second, because subdivision (d) of Section 76375 authorizes only the student government to determine the appropriate uses of the fee income and how the student body center is to be used, by implication, any other person or entity would be precluded from making any decisions interfering with the student government’s authority over uses of that income and the center (Henderson v. Mann Theatres Corp., supra).”
5. “Accordingly, it is our opinion that subdivision (d) of Section 76375 of the Education Code authorizes the student government of a community college to control the schedule of events and requests for use of a student body center that is built and operated pursuant to Section 76375.”; and
Whereas, The vast majority of local associated student organizations are neither aware of, nor are being given by their local college and/or district their legal authority over the uses of the Student Center fee and facility itself, even in cases where such authority has been addressed, which has lead to a prevalence of a multitude of problems with employees and non local associated student organizations programs being housed in Student Centers, and problems with administrators who use local control standards to prevent such local associated student organizations from being able to fully exercise these legal rights;
Resolved, That the Student Senate for California Community Colleges recognize the denial of local associated student organizations authority over the uses of the Student Center fee and
facility itself to be a serious and prevalent systemwide concern for local associated student organizations that is of an urgent nature that needs to be addressed immediately in order for the
development of a long-term solution to begin;
Resolved, That the Student Senate for California Community Colleges begin discussions with the statewide Chief Executive Officers (CEO), Chief Business Officers (CBO), and California
Community Colleges Trustees (CCCT) organizations addressing these concerns with the intention of seeking a collaborative effort to develop a local resource packet of best practices and
methods that ensure local associated student organizations legal rights for student centers are maintained at their local college and/or district;
Resolved, That the Student Senate for California Community Colleges sponsor a Consultation Digest seeking proposed language for amending the California Code of Regulations Title 5,
Division 6 for consideration by the Board of Governors of California Community Colleges that sets minimum standards for all local colleges and districts to be in compliance in implementing
California Education Code §76375 (d) to ensure local associated student organizations legal rights for Student Centers are in practice; and
Resolved, That the Student Senate for California Community Colleges widely distribute this resolution to all local CEOs, CBOs, District Board of Trustees, Consultation Council, Board of
Governors, all local associated student organizations, and other interested parties.
maintained and enforced at the local college and district level;
Whereas, California Education Code §76375 states, “(d) The student government of a community college with an annual building and operating fee pursuant to this section shall
determine the appropriate uses of the fee income and the student body center facility itself”;
Whereas, The Legislative Council of California provided a legal opinion titled “Community Colleges: Student Body Center - #33110” dated January 26, 1994, which makes some of the
following conclusions regarding the local associated student organizations authority over the Student Center fee and facility itself:
1. “These funds may be expended by the chief fiscal officer only upon submission and approval of the appropriate claim schedule by the student government or its designee”,
2. “Section 7635 does not authorize any other entity or officer to determine the appropriate uses of the fee income or the student body center facility”,
3. “To construe subdivision (d) of Section 76375 in a manner to authorize a person or entity other than the student government to regulate the schedule of events and requests for use of a student body center would permit that person to make decisions regarding the frequency of use of the center that may ultimately affect the financial viability of the center. In our opinion that interpretation would effectively operate to deny the student government control over the expenditure of funds collected for the purpose of operating the center”,
4. “Second, because subdivision (d) of Section 76375 authorizes only the student government to determine the appropriate uses of the fee income and how the student body center is to be used, by implication, any other person or entity would be precluded from making any decisions interfering with the student government’s authority over uses of that income and the center (Henderson v. Mann Theatres Corp., supra).”
5. “Accordingly, it is our opinion that subdivision (d) of Section 76375 of the Education Code authorizes the student government of a community college to control the schedule of events and requests for use of a student body center that is built and operated pursuant to Section 76375.”; and
Whereas, The vast majority of local associated student organizations are neither aware of, nor are being given by their local college and/or district their legal authority over the uses of the Student Center fee and facility itself, even in cases where such authority has been addressed, which has lead to a prevalence of a multitude of problems with employees and non local associated student organizations programs being housed in Student Centers, and problems with administrators who use local control standards to prevent such local associated student organizations from being able to fully exercise these legal rights;
Resolved, That the Student Senate for California Community Colleges recognize the denial of local associated student organizations authority over the uses of the Student Center fee and
facility itself to be a serious and prevalent systemwide concern for local associated student organizations that is of an urgent nature that needs to be addressed immediately in order for the
development of a long-term solution to begin;
Resolved, That the Student Senate for California Community Colleges begin discussions with the statewide Chief Executive Officers (CEO), Chief Business Officers (CBO), and California
Community Colleges Trustees (CCCT) organizations addressing these concerns with the intention of seeking a collaborative effort to develop a local resource packet of best practices and
methods that ensure local associated student organizations legal rights for student centers are maintained at their local college and/or district;
Resolved, That the Student Senate for California Community Colleges sponsor a Consultation Digest seeking proposed language for amending the California Code of Regulations Title 5,
Division 6 for consideration by the Board of Governors of California Community Colleges that sets minimum standards for all local colleges and districts to be in compliance in implementing
California Education Code §76375 (d) to ensure local associated student organizations legal rights for Student Centers are in practice; and
Resolved, That the Student Senate for California Community Colleges widely distribute this resolution to all local CEOs, CBOs, District Board of Trustees, Consultation Council, Board of
Governors, all local associated student organizations, and other interested parties.